{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-404.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-404.3","heading":"Demarion's Law - Mandatory liability insurance for","body":"facilities\n\nA. A child care facility shall maintain general liability\n\ninsurance coverage as defined by Section 707 of Title 36 of the\n\nOklahoma Statutes of at least Two Hundred Thousand Dollars\n\n($200,000.00) for each occurrence of negligence. An insurance\n\npolicy or contract required under this section shall cover injury to\n\na child due to negligence that occurs while the child is in the care\n\nof the child care facility.\n\nB. The Department of Human Services shall promulgate rules\n\nproviding for a standard form to be signed and dated by an insurance\n\nagent licensed in this state stating that the child care facility\n\nhas an unexpired and uncancelled insurance policy or contract of at\n\nleast Two Hundred Thousand Dollars ($200,000.00) that meets the\n\nrequirements of this section. This form shall be completed annually\n\nand shall be maintained by the child care facility. Upon request,\n\nthe form shall be made available to the Department to determine\n\ncompliance with licensing requirements.\n\nC. Should the child care facility for financial reasons or for\n\nlack of availability of an underwriter willing to issue a policy be\n\nunable to secure the insurance required under subsection A of this\n\nsection, should the policy limits be exhausted, or if the child care\n\nfacility reports self-insurance in accordance with state law the\n\nchild care facility shall:\n\n1. Post a conspicuous notice at the facility indicating the\n\nfacility does not have liability insurance coverage pursuant to this\n\nsection or reports self-insurance in accordance with state law;\n\n2. Notify the Department that coverage is not provided or that\n\nthe facility reports self-insurance in accordance with state law;\n\nand\n\n3. Keep a form signed by the parent or legal guardian of each\n\nchild that he or she has been told that the child care facility does\n\nnot carry at least Two Hundred Thousand Dollars ($200,000.00) of\n\ngeneral liability insurance.\n\nD. The Department shall promulgate rules providing for a\n\nstandard notice form for the facility to post which indicates the\n\nfacility does not carry liability insurance or reports self-\n\ninsurance in accordance with state law. The form required pursuant\n\nto paragraph 1 of subsection C of this section shall be:\n\n1. Printed with lettering that is legible and in at least\n\nthree-fourths-inch boldfaced type;\n\n2. Placed at the main entrance of the facility in a conspicuous\n\nlocation; and\n\n3. Copied and provided to the parent or legal guardian of each\n\nchild under supervision of the child care facility.\n\nE. In no case shall the inability to secure coverage serve to\n\nindemnify the child care facility due to negligence.\n\nF. The insurance policy or contract shall be maintained at all\n\ntimes in an amount as required by this section, except as provided\n\nfor in subsection C of this section.\n\nG. Each child care facility shall maintain a copy of the most\n\nrecent compliance file onsite. The Department shall promulgate\n\nrules providing for a standard notice form for the facility to post\n\nwhich indicates:\n\n1. The facility has a copy of the most recent compliance files\n\nonsite for inspection upon request of a parent or guardian of each\n\nchild under the supervision of the child care facility; and\n\n2. Such files are also made available for public inspection by\n\nthe Department.\n\nH. The forms required pursuant to this subsection shall be:\n\n1. Printed with lettering that is legible and in at least\n\nthree-fourths-inch boldfaced type;\n\n2. Placed at the main entrance of the facility in a conspicuous\n\nlocation; and\n\n3. Copied and provided to the parent or legal guardian of each\n\nchild under supervision of the child care facility.\n\nI. The requirements for posting provided by subsection D and G\n\nof this section shall not apply to:\n\n1. Licensed child-placing agencies;\n\n2. Licensed residential child care facilities; or\n\n3. Department-certified child care facilities.\nf the facility in a conspicuous\n\nlocation; and\n\n3. Copied and provided to the parent or legal guardian of each\n\nchild under supervision of the child care facility.\n\nI. The requirements for posting provided by subsection D and G\n\nof this section shall not apply to:\n\n1. Licensed child-placing agencies;\n\n2. Licensed residential child care facilities; or\n\n3. Department-certified child care facilities.\n\nJ. The Department may promulgate rules requiring liability\n\ninsurance for facilities listed in subsection I of this section.\n\nK. Failure by a child care facility to comply with the\n\nprovisions of this section is grounds for suspension or revocation\n\nof the child care facility license under the Oklahoma Child Care\n\nFacilities Licensing Act.\n\nL. The Department shall promulgate rules to implement the\n\nprovisions of this section.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"edd6d19ae20336f2856ac5856da2d9d891292a82230fb6b6b40c9f37f788ecbf","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-404.2","next":"us-ok/okla.-stat.-tit.-10-10-405"},"notice":"GroundRules: Original legal text. Not legal advice."}